Respected Seniors,
We have been paying the salary of our employees from March 22, 2020, until the lockdown period ends. Now that our operations have resumed, if workers are required to work 9 to 10 hours a day to meet production deadlines, is it necessary to provide overtime pay for working an additional 1 or 2 hours for at least 2 months? This consideration arises from the fact that the company continued to pay salaries during the lockdown period.
Thank you.
From India, Indore
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1We have been paying the salary of our employees from March 22, 2020, until the lockdown period ends. Now that our operations have resumed, if workers are required to work 9 to 10 hours a day to meet production deadlines, is it necessary to provide overtime pay for working an additional 1 or 2 hours for at least 2 months? This consideration arises from the fact that the company continued to pay salaries during the lockdown period.
Thank you.
From India, Indore
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Dear Akhilesh,
Whenever you extract work from employees over and above their normal working hours, you have to pay them for the extra hours worked at the overtime rate. This is the legal position.
Paying wages to employees for the period they have not worked due to a calamitous situation like the nationwide lockdown, though not strictly a statutory obligation, would certainly be a moral obligation of the employer who is the only source of fallback for the wage-earners during such inevitable occasions.
However, out of realization of the financial difficulties of the employer, employees may come forward voluntarily to work extra hours on their own when the situation demands it. But it should be a spontaneous response and not out of any compulsion from the employer as collateral for his earlier moral obligation.
From India, Salem
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Whenever you extract work from employees over and above their normal working hours, you have to pay them for the extra hours worked at the overtime rate. This is the legal position.
Paying wages to employees for the period they have not worked due to a calamitous situation like the nationwide lockdown, though not strictly a statutory obligation, would certainly be a moral obligation of the employer who is the only source of fallback for the wage-earners during such inevitable occasions.
However, out of realization of the financial difficulties of the employer, employees may come forward voluntarily to work extra hours on their own when the situation demands it. But it should be a spontaneous response and not out of any compulsion from the employer as collateral for his earlier moral obligation.
From India, Salem
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Dear colleague,
The legal position has been explained above. As the company has paid wages during the lockdown period, we encourage the workers to reciprocate by working extra hours at a single rate to make up for losses.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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The legal position has been explained above. As the company has paid wages during the lockdown period, we encourage the workers to reciprocate by working extra hours at a single rate to make up for losses.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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